2016 Judge Papalia - Opinions

Judge Vincent F. Papalia -- Opinions signed in 2016

 

 


 

In re: Elayan v. Abbasi - Memorandum Opinion,  Adv. 15-2114, 2/8/2016

The debtor/defendant moved, under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bank. P. 7012, to dismiss plaintiffs’ nondischargeability complaint pursuant to 11 U.S.C. § 523(a)(2)(A) on the ground that it was untimely filed under Fed. R. Bankr. P. 4007(c).    Although it was undisputed that plaintiffs were neither scheduled nor listed by the debtor in his petition, schedules or statement of financial affairs, debtor asserted that he personally gave notice to the plaintiffs of his bankruptcy filing before the meeting of creditors, thereby allowing plaintiffs to timely file their nondischargeability complaint within the time period provided by Fed. R. Bankr. P. 4007(c).  Because the debtor’s moving papers included the debtor’s certification and otherwise required the Court to consider matters outside the pleadings, the debtor’s motion was converted, pursuant to Fed. R. Civ. P. 12(d) and Fed. R. Bankr. P. 7012, to one for summary judgment under Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.  Summary judgment was denied because the submissions of the parties give rise to a disputed issue of material fact as to when plaintiffs received actual notice of debtor’s bankruptcy filing.  Further, because the debtor waited almost three years to amend his schedules to include plaintiffs and based upon other equitable considerations, debtor’s laches argument was also rejected.
 


 

In re: John Scully, Case 14-12881, 3/14/2016

Memorandum Opinion on Debtor’s motion objecting to proof of claim filed by non-debtor spouse and seeking reconsideration of distribution Order.  The Court amended and allowed the non-debtor spouse’s proof of claim.
 


 

In re: Newark Watershed v Watkins-Brashear, et al,  adv 15-2397, 6/21/2016

Opinion on motion by Defendants, who were a former ex-officio board member and board member of the Debtor, to dismiss adversary proceeding, and cross motion by Debtor-plaintiff to amend the Complaint.  The Court granted immunity to the former mayor, an ex-officio board member, under the New Jersey Tort Claims Act; denied immunity, on motion to dismiss, to another board member under the New Jersey Nonprofit Corporation Act; and granted the Debtor-plaintiff leave to amend the Complaint.
 


 

In re: Albanes v. Wells Fargo Bank, et al,  Adv. 16-1187, 7/5/2016

Opinion granting the motion of the mortgagee to dismiss with prejudice an adversary proceeding filed by the Debtor pro se who sought rescission of the mortgage and damages under various statutory and common-law theories.
 


 

In re: Mac Truong v 325 Broadway Associates, et al,  Adv. 16-1380, 8/30/2016

Opinion granting the motion of non-debtor Defendants to dismiss adversary proceeding (two counts with prejudice and four counts without prejudice); denying Debtor’s motion to enjoin a state-court eviction action and to impose sanctions; and authorizing the Chapter 7 Trustee to abandon property.
 


 

In re: BMW Financial v. Rivas,  Adv. 14-1469, 10/21/2016

Opinion after trial dismissing Complaint of Plaintiff-creditor which sought to deny Debtor’s discharge under 11 U.S.C. 727(a)(2)(A), (a)(3) or (a)(5) and granting Debtor’s discharge.